Court No. - 65
Case :- APPLICATION U/S 482 No. - 29347 of 2019 Applicant :- Babu Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashish Mishra, Advocate holding brief of Sri Akhilesh Kumar Pandey, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
The present application has been filed with a prayer to quash the non bailable warrant dated 11.12.2018 passed by Additional Chief Judicial Magistrate, IInd, Court No. 25 Saharanpur, in Case No. 5511 of 2018, arising out of Case Crime No. 59 of 2018, under Sections 376, 511, 504, 506 IPC.
It has been argued by the learned counsel for the applicant that non bailable warrant be quashed which has been issued against the applicant by the Additional C.J.M., Court No. 25, Saharanpur.
Learned A.G.A. has opposed the prayer of quashing.
It appears from the order sheet annexed that accused is absconding and is trying to avoid his case to be committed to the court of sessions because of which NBW has been issued to procure his attendance, hence there is no ground to quash the non bailable warrant.
Accordingly, prayer for quashing the non bailable was is refused.
However, it is directed that, in case, if the accused-applicant appears before the court below within 30 days and seeks cancellation of non-bailable warrant, the same would be disposed of in accordance with law. In case, the same is rejected and bail application is moved, the trial may court consider granting bail to him but if he does not appear before the court below within that period, the court shall be at liberty to adopt coercive steps to secure his presence.
With the aforesaid direction, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 30.7.2019 A.P. Pandey